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August 22, 2006

A update on Blakely in Minnesota

A helpful reader provided me with a detailed update on how Blakely issues are playing out in the land of 1000 grand lakes.  Here are the highlights:

In the last two months, the Minnesota Supreme Court issued two important Blakely-related decisions.  In State v. Osborne (available here), the Court held that the plain-error standard of review does not apply to Blakely errors that occurred in pre-Blakely trials; in other words, Blakely was decided while the case was on direct appeal.  The Court also held that facts underlying sentenced counts can't be used to enhance sentences on other counts.  In State v. Dettman (available here), the Court repeated its plain-error holding. The Court also held that without a knowing, intelligent, and voluntary waiver of a defendant's jury-trial rights as to the aggravating factors, the defendant's statements during his plea hearing or to the police cannot support an upward departure.

Finally, just a few days ago, the Supreme Court promulgated a new set of Rule of Procedure to deal with Blakely and sentencing jury trials. The rules of procedure can be accessed here at a "news" page that has the rules linked as word and pdf files.

August 22, 2006 at 09:25 PM | Permalink


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